Skip to main content


This article is included in your selections.
This section is included in your selections.

A. The Osage Nation Trial Court, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either, or both of them, of minors.

B. Such appointment may be made on the verified petition of a relative or other person in behalf of such minor.


1. Before making the appointment, the Court may receive an investigation and report regarding the background and home of the prospective guardian. The investigation and report of the prospective guardian and placement restrictions and requirements shall be made pursuant to the requirements of the Osage Nation Adoption Code. In determining whether to require a home study pursuant to the provisions of this paragraph, the Court shall balance the need for a home study to protect the best interests of the minor with the ability of the prospective guardian to pay for the home study.


a. Costs of the home study shall be assessed against any private child-placing agency having custody of the child, or the person having legal custody of the child or the prospective guardians of the child.

b. For any child in the custody of the Department of Human Services, Osage Nation Social Services, the Department of Juvenile Justice or Osage Nation Juvenile Justice, the applicable department shall conduct or provide for the home study for such child as required by the Osage Nation Juvenile Code.

3. An order appointing a guardian of the minor who has a parent living or other person legally responsible for the child shall comply with the provisions of this Act.

D. In addition, before making the appointment, the Court must cause notice of the hearing on the petition for appointment of a guardian for a minor to be given in the form required by the Court to the minor if the minor has attained the age of fourteen (14) as of the date the petition is filed. The Court shall also cause notice to be sent to the following persons:

1. The living parents of the minor and any other person having custody of the minor, if such parent or person is not one of the petitioners;

2. If the minor has no then-living parent, then to one of the then-living grandparents who is not one of the petitioners and who is not married to one of the petitioners; and

3. If there is no such then-living grandparent or if there is no such then-living grandparent whose address is known to the petitioner, then notice shall be given to an adult relative, if any, of the minor residing in the jurisdiction in which the petition was filed.

E. Such notice shall be mailed to each person, entitled to notice pursuant to this section, at that person’s address as last known to the petitioner, at least ten (10) days prior to the date set by the Court for hearing on the petition. Provided the Court may direct a shorter notice period if the Court deems such shorter notice period to be appropriate under the circumstances. If there is no person other than the minor who is entitled to notice, or if the address of any person, other than the minor, who is entitled to notice is not known to the petitioner, the petition shall so allege. The Court may direct that notice, other than notice to the minor if the minor has attained the age of fourteen (14), be waived or be given to any person or persons other than the minor in such manner as the Court determines and directs. ONCA 13-34, eff. Apr. 19, 2013.